A Preliminary Perspective of Negotiations of EU–China PCA: A New Bottle Carrying Old Wine or New Wine or Both?

Abstract

AbstractThe EU–China Partnership and Cooperation Agreement (PCA) is a relatively new type of agreement between the EU and a third country, and its negotiation and conclusion will bring about a new landscape for the comprehensive strategic partnership between the two sides. However, owing to the broadness, importance and complexity of EU–China relations, and the unique multiple‐level governance within the EU itself, the negotiation and conclusion of the new PCA deems to be a hard and time‐consuming process. In light of the EU internal aspects, the new PCA seems to be related to several treaty‐making competences and procedures, thus probably with the form of a mixed agreement as the final outcome. In terms of substantive issues, market access, transparency, intellectual property rights, China's full market economy status, abandonment of embargo on arms sales and high‐tech trade, democracy, human rights, rule of law, good governance and dispute settlement clauses, etc are all inevitably the tough and core issues. Nevertheless, it is believed that both sides will strive to lay down a systematic, stable and sustainable treaty law basis for a comprehensive EU–China strategic partnership in the spirit of seeking commonality, mutual respect and trust, and equal consultation.